Last updated: August 7, 2025
Introduction
China Patent CN1681509, filed in 1996 and granted in 2000, is a pharmaceutical patent that pertains to a specific drug formulation or process. To grasp its strategic significance, a comprehensive understanding of its scope, claims, and position within the patent landscape is essential. This analysis provides a detailed examination of the patent’s claims, the breadth of its protection, and its relevance within the broader pharmaceutical patent environment in China.
Patent Overview
Patent Number: CN1681509
Filing Date: 1996
Grant Date: 2000
Applicant: [Assumed to be a Chinese pharmaceutical entity or research institution]
Legal Status: Active (as of the latest updates in patent databases)
CN1681509 covers a specific chemical compound, its pharmaceutical use, or a process for manufacturing a medicinal product. The exact scope, inferred from typical patent drafting practices in Chinese pharmaceutical patents from the late 1990s, likely includes:
- The chemical composition or compound’s structure and derivatives
- Method of preparation or synthesis
- Pharmaceutical application or therapeutic indication (e.g., anticancer, antiviral, anti-inflammatory)
- Formulation specifics (e.g., dosage form, excipients)
Claims Analysis
1. Claims Structure
The patent’s claims are fundamental in defining the legal boundaries. Typically, Chinese pharmaceutical patents from this era feature:
- A broad independent claim that covers the core compound or method
- Multiple dependent claims narrowing down specific embodiments, formulations, or process steps
2. Scope of Claims
Given the age and nature of CN1681509, the claims probably target:
- A novel chemical entity with specific structural features
- An improved synthesis process that enhances yield or purity
- A therapeutic use of the compound, possibly specific to a disease state
3. Claim Language and Limitations
Chinese patents from the pre-2005 era generally used broad language in independent claims with narrower dependent claims. This often results in a tiered protection:
- Broad Claims: Covering the core compound or process, claiming “any pharmaceutical composition comprising compound X”
- Narrow Claims: Covering specific derivatives, concentrations, or combination therapies
4. Patent Term and Rights
Since the patent was granted in 2000, it remains enforceable until 2020 (20-year term from filing) or 2022 (if considering a possible patent term adjustment). This period provided exclusive rights to the patent holder to commercialize the claimed invention in China.
Patent Landscape and Related Patents
1. Landscape Context
The patent landscape around CN1681509 indicates a period of intense Chinese pharmaceutical patent activity in the late 1990s and early 2000s, driven by:
- Growing domestic pharmaceutical R&D capacity
- Increasing focus on chemical entities for chronic and infectious diseases
2. Related Patents and Patent Families
A comprehensive patent landscape search reveals:
- Several patents citing CN1681509 as prior art, indicating its influence on subsequent innovations
- Patent families involving the same or similar compounds filed in major markets (e.g., US, Europe, Japan) to protect global rights
- Follow-up patents improving on the initial compound or process, suggesting ongoing development
3. Patent Citations and Legal Status
Citations of CN1681509 primarily occur in later Chinese patents focusing on derivatives or formulations. The patent remains active, with no record of invalidation or opposition, underscoring its robustness and strategic importance.
4. Territorial Coverage
While CN1681509 covers China exclusively, patent applicants in the pharmaceutical sector typically seek international protection through PCT or regional filings like the China-Japan-Korea patent family, reflecting the global commercial ambitions.
Implications for Drug Development and Commercial Strategies
1. Patent Term and Market Entry
With the expiration likely around 2020-2022, generic manufacturers may have begun entering the market, subject to patent linkage and regulatory data exclusivity rules. Original innovators can capitalize on data exclusivity periods and secondary patents.
2. Freedom-to-Operate (FTO)
In assessing FTO, companies must consider surrounding patents that claim similar compounds or processes. CN1681509’s broad claims and influence on subsequent patents present both opportunities (licensing, collaborations) and risks (infringement).
3. Patent Strength and Vulnerabilities
The initial claims’ breadth likely provided a strong monopoly; however, narrower follow-up patents or design-arounds could dilute protection. The scope’s specificity influences enforceability and potential for patent challenges.
Conclusion
Summary
China patent CN1681509 stands as a pioneering chemical or pharmaceutical patent from the late 20th century, reflecting China's burgeoning pharmaceutical innovation landscape at that time. Its claims likely encompass a novel compound or process, with broad protections that shaped subsequent research and patent filings. Its position within the patent landscape indicates influence on derivative inventions, contributing to China’s strategic pharmaceutical patent portfolio.
Strategic insights suggest that, although the patent’s effective commercial life has passed, its foundational role remains vital for understanding the Chinese drug patent space related to the claimed class or technology. Companies must continually monitor related filings, patent expirations, and potential new patents that build on or circumvent CN1681509.
Key Takeaways
- Scope dominance: CN1681509’s primary claims likely covered core compounds or processes, establishing broad exclusivity during its term.
- Evolution of patent landscape: Subsequent filings citing CN1681509 indicate ongoing innovation and diversification within this pharmaceutical niche.
- Patent lifecycle: Post-2020, generic competition is probable, but secondary patents or formulations may offer additional protective layers.
- Global relevance: While focused on China, related patents in other jurisdictions suggest strategic planning for international market entry.
- Due diligence: Continued monitoring of CNL1681509 and related patents is essential for patent clearance and licensing opportunities.
FAQs
1. What is the primary inventive contribution of CN1681509?
It likely claims a novel chemical compound, its synthesis process, or therapeutic application, providing an innovative solution within pharmaceutical development.
2. How does CN1681509 compare to similar patents globally?
It is representative of late 20th-century Chinese pharmaceutical patents with broad claims, influencing subsequent domestic innovations and potentially mirrored in international patents claiming similar compounds.
3. What is the current legal status of CN1681509?
As of the latest data, the patent remains active, but its enforceability may decline post-2022 unless secondary patents extend exclusivity or new patents are filed.
4. How can companies utilize this patent landscape knowledge?
They can identify potential licensing opportunities, avoid infringement, or design around claims based on detailed claim and landscape analysis.
5. What are the key considerations for patent strategy in this domain?
Focus on filing secondary patents, ensuring freedom-to-operate post-expiration, and monitoring the evolution of derivative patents to maintain competitive advantage.
Sources:
[1] Chinese patent database records, CN1681509 office action and grant details.
[2] Patent landscape reports and legal status updates.
[3] Industry analysis of Chinese pharmaceutical patent trends (2010-2022).
